cuban constitution english version

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CUBANET...DOCUMENTS

Constitution of the Republic of Cuba, 1992

PREAMBLE

WE, CUBAN CITIZENS,

heirs and continuators of the creative work and the traditions of combativity, firmness,heroism and sacrifice fostered by our

ancestors;

by the Indians who preferred extermination to submission;

by the slaves who rebelled against their masters;

by the patriots who in 1868 launched the wars of independence against Spanishcolonialism and those who in the last drive of 1895 brought them to victory in 1898, avictory usurped by the military intervention and occupation of Yankee imperialism;

by the workers, peasants, student and intellectuals who struggled for over fifty yearsagainst imperialist domination, political corruption, the absence of peoples rights and

liberties, unemployment and exploitation by capitalists and landowners;

by those who promoted, joined and developed the first organizations of workers and

peasants, spread socialist ideas and founded the first Marxist and Marxist-Leninistmovements;

by the members of the vanguard of the generation of the centenary of the birth of

Mart who, imbued with his teachings, led us to the peoples revolutionary victory ofJanuary;

by those who defended the Revolution at the cost of their lives, thus contributing to its

definitive consolidation;

by those who en masse carried out heroic internationalist missions;

GUIDED

by the ideas of Jos Mart and the political and social ideas of Marx, Engels andLenin;

BASING OURSELVES

on proletarian internationalism, on the fraternal friendship, aid, cooperation andsolidarity of the peoples of the world, especially those of Latin America and theCaribbean;


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AND HAVING DECIDED

to carry forward the triumphant Revolution of the Moncada and of the Granma of the

Sierra and of Girn under the leadership of Fidel Castro, which sustained by theclosest unity of all revolutionary forces and of the people won full nationalindependence, established revolutionary power, carried out democratic changes,started the construction of socialism and, with the Communist Party at the forefront,

continues this construction with the final objective of building a communist society;

AWARE

that all the regimes based on the exploitation of man by man cause the humiliation ofthe exploited and the degradation of the human nature of the exploiters;

that only under socialism and communism, when man has been freed from all forms

of exploitation slavery, servitude and capitalism can full dignity of the humanbeing be attained; and

that our Revolution uplifted the country and of Cubans;

WE DECLARE

our will that the law of laws of the Republic be guided by the following strong desireof Jos Mart, at last achieved;

"I want the fundamental law of our republic to be the tribute of Cubans to the fulldignity of man";

AND ADOPT

by means of our free vote in a referendum, the following:

CONSTITUTION

CHAPTER I

POLITICAL, SOCIAL AND ECONOMIC

PRINCIPLES OF THE STATE

ARTICLE 1. Cuba is an independent and sovereign socialist state of workers,organized with all and for the good of all as a united and democratic republic, for the

enjoyment of political freedom, social justice, individual and collective well-being andhuman solidarity.

ARTICLE 2. The name of the Cuban state is Republic of Cuba, the official languageis Spanish and its capital city is Havana.


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ARTICLE 3. In the Republic of Cuba sovereignty lies in the people, from whomoriginates all the power of the state. That power is exercised directly or through the

assemblies of Peoples Power and other state bodies which derive their authority fromthese assemblies, in the form and according to the norms established in theConstitution and by law.

When no other recourse is possible, all citizens have the right to struggle through all

means, including armed struggle, against anyone who tries to overthrow the political,

social and economic order established in this Constitution.

ARTICLE 4. The national symbols are those which, for over one hundred years, have

presided over the Cuban struggles for independence, the tights of the people andsocial progress:

the lag of the lone star;

the anthem of Bayamo;

the coat of arms of the royal palm.

ARTICLE 5. The Communist Party of Cuba, a follower of Marts ideas and ofMarxism-Leninism, and the organized vanguard of the Cuban nation, is the highestleading force of society and of the state, which organizes and guides the commoneffort toward the goals of the construction of socialism and the progress toward a

communist society,

ARTICLE 6. The Young Communist League, the organization of Cubas vanguardyouth, has the recognition and encouragement of the state in its main duty of

promoting the active participation of young people in the tasks of building socialism

and adequately preparing the youth to be conscientious citizens capable of assumingever greater responsibilities for the benefit of our society.

ARTICLE 7. The Cuban socialist state recognizes and stimulates the social and massorganizations, which arose from the historic process of struggles of our people. Theseorganizations gather in their midst the various sectors of the population, representspecific interests of the same and incorporate them to the tasks of the edification,

consolidation and defense of the socialist society.

ARTICLE 8. The state recognizes, respects and guarantees freedom of religion.

In the Republic of Cuba, religious institutions are separate from the state.

The different beliefs and religions enjoy the same consideration.

ARTICLE 9. The state:

a) carries out the will of the working people and

- channels the efforts of the nation in the construction of socialism;

- maintains and defends the integrity and the sovereignty of the country;

- guarantees the liberty and the full dignity of man, the enjoyment of his rights, theexercise and fulfillment of his duties and the integral development of his personality;


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- consolidates the ideology and the rules of living together and of conduct proper of asociety free from the exploitation of man by man;

- protects the constructive work of the people and the property and riches of thesocialist nation;

- directs in a planned way the national economy;

- assures the educational, scientific, technical and cultural progress of the country;

b) as the power of the people and for the people, guarantees

- that every man or woman, who is able to work, have the opportunity to have a jobwith which to contribute to the good of society and to the satisfaction of individualneeds;

- that no disabled person be left without adequate mean of subsistence;

- that no sick person be left without medical care;

- that no child be left without schooling, food and clothing;

- that no young person be left without the opportunity to study;

- that no one be left without access to studies, culture and sports;

c) works to achieve that no family be left without a comfortable place to live.

ARTICLE 10. All state bodies, their leaders, officials and employees function withinthe limits of their respective competency and are under the obligation to strictly

observe socialist legality and to look after the respect of the same within the context ofthe whole of society.

ARTICLE 11. The state exercises its sovereignty:

a) over the entire national territory, which consists of the island of Cuba, the Isle ofYouth and all other adjacent islands and keys; internal waters; the territorial waters inthe extension prescribed by law; and the air space corresponding to the above;

b) over the environment and natural resources of the country;

c) over mineral, plant and animal resources on and under the ocean floor and those inwaters comprised in the Republics maritime economic area, as prescribed by law, inkeeping with international practice.

The Republic of Cuba rejects and considers illegal and null all treaties, pacts andconcessions which were signed in conditions of inequality, or which disregard ordiminish its sovereignty and territorial integrity.

ARTICLE 12. The Republic of Cuba espouses the principles of anti-imperialism andinternationalism, and

a) ratifies its aspirations to a valid, true and dignified peace for all states, big or small,

weak or powerful, based on respect for the independence and sovereignty of the


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peoples and the right to self-determination;

b) establishes its international relations based on the principles of equality of rights,

self-determination of the peoples, territorial integrity, independence of states,international cooperation for mutual and equitable benefit and interest, peacefulsettlement of disputes on an equal footing and based on respect and the otherprinciples proclaimed in the United Nations Charter and in other international treaties

which Cuba is a party to;

c) reaffirms its desire for integration and cooperation with the countries of LatinAmerica and the Caribbean, whose common identity and historical need to advance

united on the road to economic and political integration for the attainment of trueindependence would allow us to achieve our rightful place in the world;

d) advocates the unity of all Third World countries in the face of the neocolonialist

and imperialist policy which seeks to limit and subordinate the sovereignty of ourpeoples, and worsen the economic conditions of exploitation and oppression of theunderdeveloped nations;

e) condemns imperialism, the promoter and supporter of all fascist, colonialist,neocolonialist and racist manifestations, as the main force of aggression and of war,and the worst enemy of the peoples;

f) repudiates direct or indirect intervention in the internal and external affairs of anystate and, therefore, also repudiates armed aggression, economic blockade, as well asany other kind of economic or political coercion, physical violence against peopleresiding in other countries, or any other type of interference with or aggression against

the integrity of states and the political, economic and cultural elements of nations;

g) rejects the violation of the inalienable and sovereign right of all states to regulate theuse and benefits of telecommunications in their territory, according to universal

practice and international agreements which they have signed;

h) considers wars of aggression and of conquest international crimes; recognizes thelegitimacy of the struggle for national liberation, as well as of armed resistance to

aggression; and considers that its solidarity with those under attack and with thepeoples that struggle for their liberation and self-determination constitutes itsinternationalist duty;

i) bases its relations with those countries building socialism on fraternal friendship,

cooperation and mutual assistance, founded on the common objectives of theconstruction of a new society;

j) maintains friendly relations with those countries which although having a different

political, social and economic system respect its sovereignty, observe the rules ofcoexistence among states and the principles of mutual conveniences, and adopt anattitude of reciprocity with our country.

ARTICLE 13. The Republic of Cuba grants asylum to those who are persecutedbecause of their ideals or their struggles for democratic rights; against imperialism,

fascism, colonialism and neocolonialism; against discrimination and racism; fornational liberation; for the rights of workers, peasants and students and the redress of

their grievances; for their progressive political, scientific, artistic and literary activities;


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for socialism and peace.

ARTICLE 14. In the Republic of Cuba rules the socialist system of economy based

on the peoples socialist ownership of the fundamental means of production and onthe abolition of the exploitation of man by man.

In Cuba also rules the principle of socialist distribution of "from each according to his

capacity, to each according to his work." The law establishes the provisions which

guarantee the effective fulfillment of this principle.

ARTICLE 15. Socialist state property, which is the property of the entire people,

comprises:

a) the lands that do not belong to small farmers or to cooperatives formed by them, thesubsoil, mines, mineral, plant and animal resources in the Republics maritime

economic area, forests, waters and means of communications;

b) the sugar mills, factories, chief means of transportation and all those enterprises,banks and facilities that have been nationalized and expropriated from the imperialist,

landholders and bourgeoisie, as well as the factories, enterprises and economicfacilities and scientific, social, cultural and sports centers built, fostered or purchasedby the state and those to be built, fostered or purchased by the state in the future.

Property ownership may not be transferred to natural persons or legal entities, save for

exceptional cases in which the partial or total transfer of an economic objective iscarried out for the development of the country and does not affect the political, socialand economic foundations of the state, prior to approval by the Council of Ministers

or its Executive Committee.

The transfer of other property rights to state enterprises and other entities authorized tofulfill this objective will be prescribed by law.

ARTICLE 16. The state organizes, directs and controls the economic life of the nationaccording to a plan that guarantees the programmed development of the country, withthe purpose of strengthening the socialist system, of increasingly satisfying thematerial and cultural needs of society and of citizens, of promoting the flourishing of

human beings and their integrity, and of serving the progress and security of thecountry.

The workers of all branches of the economy and of the other spheres of social life

have an active and conscious participation in the elaboration and execution of theproduction and development plans.

ARTICLE 17. The state directly administers the goods that make up the socialist

property of the entire peoples, or may create and organize enterprises and entities toadminister them, whose structure, powers, functions and the system of their relationsare prescribed by law.

These enterprises and entities only answer for their debts through their financialresources, within the limits prescribed by law. The state does not answer for debts

incurred by the enterprises, entities and other legal bodies, and neither do these answerfor those incurred by the state.


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ARTICLE 18. The state controls and directs foreign trade. The law establishes thestate institutions and officials authorized to:

- create foreign trade enterprises;

- standardize and regulate export and import transactions; and

- determine the natural persons or legal bodies with judicial powers to carry out these

export and import transactions and to sign trade agreements.

ARTICLE 19. The state recognizes the right of small farmers to legal ownership oftheir lands and other real estate and personal property necessary for the exploitation of

their land, as prescribed by law.

Small farmers may only incorporate their lands to agricultural production cooperativeswith the previous authorization of the competent state body and fulfillment of the

other legal requirements. They may also sell their lands, swap them or transfer themfor another title to the state and agricultural production cooperatives, or to smallfarmers in the cases, forms and conditions prescribed by law, without detriment to the

preferential right of the state to the purchase of the land while paying a fair price.

Land leases, sharecropping, mortgages and all other acts which entail a lien on theland or cession to private individuals of the rights to the land which is the property ofthe small farmers are all prohibited.

The state supports the small farmers individual production which contributes to thenational economy.

ARTICLE 20. Small farmers have the right to group themselves, in the way and

following the requirements prescribed by law both for the purpose of agriculturalproduction and for obtaining state loans and services.

The establishment of agricultural production cooperatives in the instances and ways

prescribed by law is authorized. Ownership of the cooperatives, which constitutes anadvanced and efficient form of socialist production, is recognized by the state.

The agricultural production cooperatives manage, own use and dispose of the goods

they own, as prescribed by law and by its regulations.

Land owned by cooperatives may not be seized or taxed and its ownership may be

transferred to other cooperatives or to the state, according to the causes and asprescribed by law.

The state gives all possible support to this form of agricultural production.

ARTICLE 21. The state guarantees the right to personal ownership of earnings and

savings derived from ones own work, of the dwelling to which one has legal title andof the other possessions and objects which serve to satisfy ones material and culturalneeds.

Likewise, the state guarantees the right of citizens to ownership of their personal orfamily work tools. These tools may not be used to obtain earning derived from theexploitation of the work of others.


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The law establishes the amount of goods owned by a person which can be seized.

ARTICLE 22. The state recognizes the right of political, mass and social

organizations to ownership of the goods intended for the fulfillment of theirobjectives.

ARTICLE 23. The state recognizes the right to legal ownership of joint ventures,

companies and economic associations which are created as prescribed by law.

The use enjoyment and disposal of the goods owned by the above-mentioned entitiesare ruled by that prescribed by law and by accords, as well as by their statutes and

regulations.

ARTICLE 24. The state recognizes the right of citizens to inherit legal title to a placeof residence and to other personal goods and chattels.

The land and other goods linked to production in the small farmers property may beinherited by and only be awarded to those heirs who work the land, save exceptionsand as prescribed by law.

The law prescribes the cases, conditions and ways under which the goods ofcooperative ownership may by inherited.

ARTICLE 25. The expropriation of property for reasons of public benefit or social

interest and with due compensation is authorized.

The law establishes the method for the expropriation and the bases on which the needfor and usefulness of this action is to be determined, as well as the form ofcompensation, taking into account the interest and the economic and social needs of

the person whose property has been expropriated.

ARTICLE 26. Anybody who suffers damages unjustly caused by a state official oremployee while in the performance of his public functions has the right to claim and

obtain the corresponding indemnification as prescribed by law.

ARTICLE 27. The state the environment and natural resources. It recognizes theclose links they have with sustainable economic and social development to make

human life more rational and to ensure the survival, well-being and security of presentand future generations. The application of this policy corresponds to the competentbodies.

It is the duty of citizens to contribute to the protection of the waters, atmosphere, theconservation of the soil, flora, fauna and natures entire rich potential.

CHAPTER II

CITIZENSHIP

ARTICLE 28. Cuban citizenship is acquired by birth or through naturalization.

ARTICLE 29. Cuban citizens by birth are:


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a) those born in national territory, with the exception of the children of foreign personsat the service of their government or international organizations. In the case of the

children of temporary foreign residents in the country, the law stipulates the requisitesand formalities;

b) those born abroad, one of whose parents at least is Cuban and on an officialmission;

c) those born abroad, one of whose parents at least is Cuban, who have complied withthe formalities stipulated by law;

d) those born outside national territory, one of whose parents at least is Cuban andwho lost their Cuban citizenship provide they apply for said citizenship according tothe procedures stated by law;

e) foreigners who, by virtue of their exceptional merits won in the struggles forCubas liberation, were considered Cuban citizens by birth.

ARTICLE 30. Cuban citizens by naturalization are:

a) those foreigners who acquire Cuban citizenship in accordance with the regulationsestablished by law;

b) those who contributed to the armed struggle against the tyranny overthrown on

January 1, 1959, provided they show proof of this in the legally established form;

c) those who having been arbitrarily deprived of their citizenship of origin, obtainCuban citizenship by virtue of an express agreement of the Council of State.

ARTICLE 31. Neither marriage nor its dissolution affect the citizenship status ofeither of the spouses or their children.

ARTICLE 32. Cubans may not be deprived of their citizenship save for established

legal causes. Neither may they be deprived of the right to change citizenship.

Dual citizenship is not recognized. Therefore, when a foreign citizenship is acquired,the Cuban one will be lost.

Formalization of the loss of citizenship and the authorities empowered to decide onthis is prescribed by law.

ARTICLE 33. Cuban citizenship may be regained in those cases and ways specified

by law.

CHAPTER II

ALIENS

ARTICLE 34. Foreign residents in the territory of the Republic are equal to Cubansin:


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- the safeguarding of persons and property;

- the enjoyment of the rights and the fulfillment of the duties recognized in this

Constitution, under the conditions and with the limitations prescribed by law;

- the obligation to observe the Constitution and the law;

- the obligation to contribute to the public expenditure in the form and amount

prescribed by law;

- the submission to the jurisdiction and resolutions of the Republics courts of justiceand authorities.

The law establishes the cases and the ways in which foreigners may be expelled fromnational territory and the authorities empowered to decide on this.

CHAPTER IV

THE FAMILY

ARTICLE 35. The state protects the family, motherhood and matrimony.

The state recognizes the family as the main nucleus of society and attributes to it theimportant responsibilities and functions in the education and formation of the new

generations.

ARTICLE 36. Marriage is the voluntarily established union between a man and awoman, who are legally fit to marry, in order to live together. It is based on full

equality of rights and duties for the partners, who must see to the support of the homeand the integral education of their children through a joint effort compatible with thesocial activities of both.

The law regulates the formalization, recognition and dissolution of marriage and therights and obligations deriving from such acts.

ARTICLE 37. All children have the same rights, regardless of being born in or out of

wedlock.

Any qualification concerning the nature of the filiation is abolished.

No statement shall be made either with to the difference in birth or the civil status of

the parents in the registration of the childrens birth or in any other documents thatmention parenthood.

The state guarantees, through adequate legal mean, the determination and recognition

of paternity.

ARTICLE 38. The parents have the duty to provide nourishment for their children; tohelp them to defend their legitimate interests and in the realization of their just

aspirations; and to contribute actively to their education and integral development asuseful and well-prepared citizens for life in a socialist society.


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It is the childrens duty, in turn, to respect and help their parents.

CHAPTER V

EDUCATION AND CULTURE

ARTICLE 39. The state orients, foments and promotes education, culture and sciencein all their manifestations.

Its educational and cultural policy is based on the following principles:

a) the state bases its educational and cultural policy on the progress made in scienceand technology, the ideology of Marx and Mart, and universal and Cubanprogressive pedagogical tradition;

b) education is a function of the state and is free of charge. It is based on theconclusions and contributions made by science and on the close relationship between

study and life, work and production.

The state maintains a broad scholarship system for students and provides the workerswith multiple opportunities to study to be able to attain the highest possible ofknowledge and skills.

The law established the integration and structure of the national system of educationand the extent of compulsory education and defines the minimum level of generaleducation that every citizen should acquire;

c) the state promotes the patriotic and communist education of the new generations

and the training of children, young people and adults for social life.

In order to make this principle a reality, general education and specialized scientific,technical or artistic education are combined with work, development research,

physical education, sports, participation in political and social activities and militarytraining;

d) there is freedom of artistic creation as long as its content is not contrary to the

Revolution. There is freedom of artistic expression;

e) in order to raise the level of culture of the people, the state foments and developsartistic education, the vocation for creation and the cultivation and appreciation of art;

f) there is freedom of creation and research in science. The state encourages andfacilitates research and gives priority to that which is aimed at solving the problemsrelated to the interests of society and the well-being of the people;

g) the state makes it possible for the workers to engage in scientific work and tocontribute to the development of science;

h) the state promotes, foments and develops all forms of physical education and sports

as a means of education and of contribution to the integral development of citizens;

i) the state defends Cuban cultures identity and sees to the conservation of the


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nations cultural heritage and artistic and historic wealth. The state protects nationalmonuments and places known for their natural beauty or their artistic or historic

values;

j) the state promotes the participation of the citizens, through the countrys social andmass organizations, in the development of its educational and cultural policy.

ARTICLE 40. The state and society give special protection to children and young

people.

It is the duty of the family, the schools, the state agencies and the social and mass

organizations to pay special attention to the integral development of children andyoung people.

CHAPTER VI

EQUALITY

ARTICLE 41. All citizens have equal rights and are subject to equal duties.

ARTICLE 42. Discrimination because of race, skin color, sex, national origin,religious beliefs and any other form of discrimination harmful to human dignity isforbidden and will be punished by law.

The institutions of the state educate everyone from the earliest possible age in theprinciple of equality among human beings.

ARTICLE 43. The state consecrates the right achieved by the Revolution that all

citizens, regardless of race, skin color, sex, religious belief, national origin and anysituation that may be harmful to human dignity:

- have access, in keeping with their merits and abilities, to all state, public

administration, and production services positions and jobs;

- can reach any rank in the Revolutionary Armed Forces and in Security and internalorder, in keeping with their merits and abilities;

- be given equal pay for equal work;

- have a right to education at all national educational institutions, ranging fromelementary schools to the universities, which are the same for all;

- be given health care in all medical institutions;

- live in any sector, zone or area and stay in any hotel;

- be served at all restaurants and other public service establishments;

- use, without any separations, all means of transportation by sea, land and air;

- enjoy the same resorts, beaches, parks, social centers and other centers of culture,

sports, recreation and rest.


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ARTICLE 44. Women and men have the same rights in the economic, political,cultural and social fields, as well as in the family.

The state guarantees women the same opportunities and possibilities as men, in orderto achieve womans full participation in the development of the country.

The state organizes such institutions as childrens day-care centers, semi-boarding

schools and boarding schools, homes for the elderly and services to make it easier for

the working family to carry out its responsibilities.

The state looks after womens health as well as that of their offspring, giving working

women paid maternity leave before and after giving birth and temporary work optionscompatible with their maternal activities.

The state strives to create all the conditions which help make real the principle of

equality.

CHAPTER VII

FUNDAMENTAL RIGHTS, DUTIES AND GUARANTEES

ARTICLE 45. Work in a socialist society is a right and duty and a source of pride forevery citizen.

Work is remunerated according to its quality and quantity; when it is provided, theneeds of the economy and of society, the choice of worker and his skills and abilityare taken into account; this is guaranteed by the socialist economic system, that

facilitates social and economic development, without crises, and has thus eliminatedunemployment and the "dead season."

Nonpaid, voluntary work carried out for the benefit of all society in industrial,

agricultural, technical, artistic and service activities is recognized as playing animportant role in the formation of our peoples communist awareness.

Every worker has the duty to faithfully carry tasks corresponding to him at his job.

ARTICLE 46. All those who work have the right to rest, which is guaranteed by theeight-hour workday, a weekly rest period and annual paid vacations.

The state contributes to the development of vacation plans and facilities.

ARTICLE 47. By means of the Social Security System the state assures adequateprotection to every worker who is unable to work because of age, illness or disability.

If the worker dies this protection will be extended to his family.

ARTICLE 48. The state protects, by means of social assistance, senior citizenslacking financial resources or anyone to take them in or care for them, and anyonewho is unable to work and has no relatives who can help them.

ARTICLE 49. The state guarantees the right to protection, safety and hygiene on thejob by means of the adoption of adequate measures for the prevention of accidents at


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work and occupational diseases.

Anyone who suffers an accident on the job or is affected by an occupational disease

has the right to medical care and to compensation or retirement in those cases in whichtemporary or permanent work disability ensues.

ARTICLE 50. Everyone has the right to health protection and care. The state

guarantees this right;

- by providing free medical and hospital care by means of the installations of the ruralmedical service network, polyclinics, hospitals, preventative and specialized treatment

centers;

- by providing free dental care;

- by promoting the health publicity campaigns, health education, regular medical

examinations, general vaccinations and other measures to prevent the outbreak ofdisease. All the population cooperates in these activities and plans through the socialand mass organizations.

ARTICLE 51. Everyone has the right to education. This right is guaranteed by thefree and widespread system of schools, semi-boarding and boarding schools andscholarships of all kinds and at all levels of education and because of the fact that alleducational material is provided free of charge, which gives all children and young

people, regardless of their familys economic position, the opportunity to study inkeeping with their ability, social demands and the needs of socioeconomicdevelopment.

Adults are also guaranteed this right; education for them is free of charge and with the

specific facilities regulated by law, by means of the adult education program, technicaland vocational education, training courses in state agencies and enterprises and theadvanced courses for workers.

ARTICLE 52. Everyone has the right to physical education, sports and recreation.

Enjoyment of this right is assured by including the teaching and practice of physical

education and sports in the curricula of the national educational system; and by thebroad nature of the instruction and means placed at the service of the people, whichmakes possible the practice of sports and recreation on a mass basis.

ARTICLE 53. Citizens have freedom of speech and of the press in keeping with theobjectives of socialist society. Material conditions for the exercise of that right areprovided by the fact that the press, radio, television, cinema, and other mass media arestate or social property and can never be private property. This assures their use at

exclusive service of the working people and in the interests of society.

The law regulated the exercise of those freedoms.

ARTICLE 54. The rights to assembly, demonstration and association are exercised by

workers, both manual and intellectual, peasants, women, students and other sectors of

the working people, and they have the necessary means for this. The social and massorganizations have all the facilities they need to carry out those activities in which themembers have full freedom of speech and opinion based on the unlimited right of


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initiative and criticism.

ARTICLE 55. The state, which recognizes, respects and guarantees freedom of

conscience and of religion, also recognizes, respects and guarantees every citizensfreedom to change religious beliefs or to not have any, and to profess, within theframework of respect for the law, the religious belief of his preference.

The law regulates the states relations with religious institutions.

ARTICLE 56. The home is inviolable. Nobody can enter the home of another againsthis will, except in those cases foreseen by law.

ARTICLE 57. Mail is inviolable. It can only be seized, opened and examined in casesprescribed by law. Secrecy is maintained on matters other than those which led to theexamination.

The same principle is to be applied in the case of cable, telegraph and telephonecommunications.

ARTICLE 58. Freedom and inviolability of persons is assured to all those who live inthe country.

Nobody can be arrested, except in the manner, with the guarantees and in the casesindicated by law.

The persons who has been arrested or the prisoner is inviolable in his personalintegrity.

ARTICLE 59. Nobody can be tried or sentenced except by the competent court by

virtue of laws which existed prior to the crime and with the formalities and guaranteesthat the laws establish.

Every accused person has the right to a defense.

No violence or pressure of any kind can be used against people to force them totestify,

All statements obtained in violation of the above precept are null and void and those

responsible for the violation will be punished as outlined by law.

ARTICLE 60. Confiscation of property is only applied as a punishment by theauthorities in the cases and by the methods determined by law.

ARTICLE 61. Penal laws are retroactive when they benefit the accused or personwho has been sentenced. Other laws are not retroactive unless the contrary is decidedfor reasons of social interest or because it is useful for public purposes.

ARTICLE 62. None of the freedoms which are recognized for citizens can beexercised contrary to what is established in the Constitution and by law, or contrary tothe existence and objectives of the socialist state, or contrary to the decision of theCuban people to build socialism and communism. Violations of this principle can be

punished by law.

ARTICLE 63. Every citizen has the right to file complaints with and send petitions to


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the authorities and to be given the pertinent response or attention within a reasonablelength of time, in keeping with the law.

ARTICLE 64. Every citizen has the duty of caring for public and social property,observing work discipline, respecting the rights of others, observing standards ofsocialist living and fulfilling civic and social duties.

ARTICLE 65. Defense of the socialist homeland is the greatest honor and the

supreme duty of every Cuban citizen.

The law regulates the military service which Cubans must do.

Treason against ones country is the most serious of crimes; those who commit it aresubject to the most severe penalties.

ARTICLE 66. Strict fulfillment of the Constitution and the laws is an inexcusable

duty of all.

CHAPTER VIII

STATE OF EMERGENCY

ARTICLE 67. In the case of or in the face of an imminent natural disaster orcatastrophe or any other circumstance that because of its nature, proportion orimportance affects public order, the countrys security or the states stability, the

president of the Council of State may declare a state of emergency in the entirenational territory or in part of it, and order the mobilization of the population while it isin force.

The law regulates the manner in which the state of emergency is declared, its effectsand its termination. It also determines the fundamental rights and duties recognized inthe Constitution, its exercise being regulated in a different manner during the time thestate of emergency is in force.

CHAPTER IX

PRINCIPLES OF ORGANIZATION

AND FUNCTIONING OF STATE AGENCIES

ARTICLE 68. State agencies are set up carry out their activity based on the principlesof socialist democracy, which are manifested in the following regulations:

a) all members or representative bodies of state power are elected and subject to recall;


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b) the masses control the activity of the state agencies, the deputies, delegates and

officials;

c) those elected must render an account of their work and may be revoked at any time;

d) every state agency develops in a far-reaching manner, within its jurisdiction,

initiatives aimed at taking advantage of the resources and possibilities which exist on alocal level and to include the mass and social organizations in their work;

e) decisions of higher state bodies are compulsory for inferior ones;

f) inferior state bodies are responsible to higher ones and must render accounts of their

work;

g) freedom of discussion, criticism and self-criticism and sub-ordination of theminority to the majority prevail in all collegiate state bodies.

CHAPTER X

HIGHER BODIES OF PEOPLES POWER

ARTICLE 69. The National Assembly of Peoples Power is the supreme body ofstate power and represents and expresses the sovereign will of all the people.

ARTICLE 70. The National Assembly of Peoples Power is the only body in theRepublic invested with constituent and legislative authority.

ARTICLE 71. The National Assembly of Peoples Power is comprised of deputieselected by free, direct and secret vote, in the proportion and according to theprocedure established by law.


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ARTICLE 72. The National Assembly of Peoples Power is elected for a period of

five years.

The period can only extended by virtue of a resolution of the Assembly itself in the

event of war or in the case of other exceptional circumstances that may impede thenormal holding of elections and while such circumstances exist.

ARTICLE 73. The National Assembly of Peoples Power, on meeting for a newlegislature, elects from among its deputies its president, vice president and secretary.The law regulates the manner and procedure in which the Assembly is constituted and

carries out this election.

ARTICLE 74. The National Assembly of Peoples Power elects, from among its

deputies, the Council of State, which consists of one president, one first vicepresident, five vice presidents, one secretary and 23 other members.

The president of the Council of State is, at the same time, the head of state and head ofgovernment.

The Council of State is accountable for its action to the National Assembly ofPeoples Power, to which it must render accounts of all its activities.

ARTICLE 75. The National Assembly of Peoples Power is invested with thefollowing powers:

a) deciding on reforms to the Constitution according to that established inARTICLE137;

b) approving, modifying and annulling laws after consulting with the people when itis considered necessary in view of the nature of the law in question;

c) deciding on the constitutionality of laws, decree-laws, decrees and all other generalprovisions;


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d) revoking in total or in part the decree-laws issued by the Council of State;

e) discussing and approving the national plans for economic and social development;

f) discussing and approving the state budget;

g) approving the principles of the system for planning and the management of thenational economy;

h) approving the monetary and credit system;

i) approving the general outlines of foreign and domestic policy;

j) declaring a state of war in the event of military aggression and approving peacetreaties;

k) establishing and modifying the political-administrative division of the countrypursuant to that established inARTICLE 102;

l) electing the president, vice president and secretary of the National Assembly;

m) electing the president, the first vice president, the vice presidents, the secretary, andthe other members of the Council of State;

n) approving, at the initiative of the president of the Council of State, the first vicepresident, the vice presidents and the other members of the Council of Ministers;

o) electing the president, vice presidents and other judges of the Peoples SupremeCourt;


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p) electing the attorney general and the deputy attorney generals of the Republic;

q) appointing permanent and temporary commissions;

r) revoking the election or appointment of those persons elected or appointed by it;

s) exercising the highest supervision over state and government bodies;

t) keeping informed and evaluating and adopting pertinent decisions on the reports onthe rendering of accounts submitted by the Council of State, the Council of Ministers,

the Peoples Supreme Court, the Office of the Attorney General of the Republic and

the Provincial Assemblies of Peoples Power.

u) revoking those provisions or decree-laws of the Council of State and the decrees orresolutions of the Council of Ministers which are contrary to the Constitution or thelaw;

v) revoking or modifying those resolutions or provisions of the local bodies of

Peoples Power which encroach on the Constitution, the laws, the decree-laws, thedecrees and other provisions issued by a higher body, or those which are detrimentalto the interests of other localities or the general interests of the nation;

w) granting amnesty;

x) calling for the holding of a referendum in those cases provided by the Constitutionand others which the Assembly considers pertinent;

y) establishing its ruler and regulations;

z) all other powers invested by this Constitution.

ARTICLE 76. All laws and resolutions of the National Assembly or Peoples Power,

barring those in relation to reforms in the Constitution, are adopted by a simple


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majority vote.

ARTICLE 77. All laws approved by the National Assembly of Peoples Power gointo effect on the date determined by those laws in each case.

Laws, decree-laws, decrees and resolutions, regulations and other general provisionsof the national state bodies are published in the Official Gazette of the Republic.

ARTICLE 78. The National Assembly of Peoples Power holds two regular sessionsa year and a special session when requested by one third of the membership or when

called by the Council of State.

ARTICLE 79. More than half of the total number of deputies must be present for a

session of the National Assembly of Peoples Power to be held.

ARTICLE 80. All sessions of the National Assembly of Peoples Power are public,

excepting when the Assembly resolves to hold a closed-door session on the groundsof state interest.

ARTICLE 81. The president of the National Assembly of Peoples Power is investedwith the power to:

a) preside over the sessions of the National Assembly and see to it that its regulationsare put into effect;

b) call the regular sessions of the National Assembly;

c) propose the draft agenda for the sessions of the National Assembly;

d) sign and order the publication in the Official Gazette of the Republic of the lawsand resolutions adopted by the National Assembly;

e) organize the international relations of the National Assembly;


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f) conduct and organize the work of the permanent and temporary commissionsappointed by the National Assembly;

g) attend the meeting of the Council of State;

h) all other powers assigned to him by this Constitution or the National Assembly of

Peoples Power.

ARTICLE 82. The status of deputy does not entail personal privileges or economic

benefits of any kind.

During the period in which they carry out their activities, the deputies receive thesame salary as in their workplace and maintain their links with it, for all purposes.

ARTICLE 83. No deputy to the National Assembly of Peoples Power may bearrested or placed on trial without the authorization of the Assembly or the Councilof State if the Assembly is not in session except in cases of flagrant offenses.

ARTICLE 84. It is the duty of the deputies to the National Assembly of People'Power to exercises their duties in benefit of the people' interests, stay in contact with

their electors, listen to their problems, suggestions and criticism, and explain the policyof the state. They will also render account to them of the results of their activities, asprescribed by law.

ARTICLE 85. The mandate of the deputies to the National Assembly of PeoplesPower may be revoked at any time, in the ways and for the causes prescribed by law.

ARTICLE 86. The deputies to the National Assembly of Peoples Power have theright to make inquiries to the Council of State, the Council of Ministers or the

members of either and to have these inquiries answered during the course of the samesession or at the next session.

ARTICLE 87. It is the duty of all state bodies and enterprises to provide all necessary


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cooperation to the deputies in the discharge of their duties.

ARTICLE 88. The proposal of laws is the responsibility of:

a) the deputies to the National of Peoples Power;

b) the Council of State;

c) the Council of Ministers;

d) the commissions of the National Assembly of Peoples Power;

e) the Central Organization of Cuban Trade Unions and the national offices of theother social and mass organizations;

f) the Peoples Supreme Court, in matters related to the administration of justice;

g) the Office of the Attorney General of the Republic, in maters within its jurisdiction;

h) the citizens. In this case it is an indispensable prerequisite that the proposal be madeby at least 10 000 citizens who are eligible to vote.

ARTICLE 89. The Council of State is the body of the National Assembly of PeoplesPower that represents it in the period between sessions, puts its resolutions into effectand complies with all the other duties assigned by the Constitution.

It is collegiate and for national and international purposes it is the highestrepresentative of the Cuban state.

ARTICLE 90. The Council of State is invested with the power to:


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a) summon special sessions of the National Assembly of Peoples Power;

b) set the date for the elections for the periodic renovation of the National Assemblyof Peoples Power;

c) issue decree-laws in the period between the sessions of the National Assembly ofPeoples Power;

d) give existing laws a general and obligatory interpretation whenever necessary;

e) exercise legislative initiative;

f) make all the necessary arrangements for the holding of referendums called for bythe National Assembly of Peoples Power;

g) decree a general mobilization whenever the defense of the country makes itnecessary and assume the authority to declare war in the event of aggression or toapprove peace treaties duties which the Constitution assigns to the National

Assembly of Peoples Power when the Assembly is in recess and cannot be calledto session with the necessary security and urgency;

h) replace, at the initiative of its president, the members of the Council of Ministers inthe period between the sessions of the National Assembly of Peoples Power;

i) issue general instructions to the courts through the Governing Council of thePeoples Supreme Court;

j) issue instructions to the Office of the Attorney General of the Republic;

k) appoint and remove, at the initiative of its president, the diplomatic representativesof Cuba in others states;

l) grant decorations and honorary titles;


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m) name commissions;

n) grant pardons;

o) ratify or denounce international treaties;

p) grant or refuse recognition to diplomatic representatives of other states;

q) suspend those provisions of the Council of Ministers and the resolutions and

provisions of the Local Assemblies of Peoples Power which run counter to the

Constitution or the law or which run counter to the interests of other localities or to thegeneral interests of the country, reporting on this action to the National Assembly ofPeoples Power in the first session held following the suspension agreed upon;

r) revoke those resolutions and provisions of the local bodies of Peoples Powerwhich infringe the Constitution, the laws, the decree-laws, the decrees and otherprovisions issued by a higher body or when they are detrimental to the interests of

other localities or to the general interests of the nation;

s) approve its rules and regulations;

t) it is also invested with the other powers conferred by the Constitution and laws or

granted by the National Assembly of Peoples Power.

ARTICLE 91. All the decisions of the Council of State are adopted by a simple

majority vote of its members.

ARTICLE 92. The mandate entrusted to the Council of State by the National

Assembly of Peoples Power expires when the new Council of State, elected by virtueof its periodic renovation, takes power.

ARTICLE 93. The president of the Council of State is head of government and is

invested with the power to:

a) represent the state and the government and conduct their general policy;


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b) organize and conduct the activities of, call for the holding of and preside over the

sessions of the Council of State and the Council of Ministers;

c) control and supervise the development of the activities of the ministries and other

central agencies of the administration;

d) assume the leadership of any ministry or central agency of the administration;

e) propose to the National Assembly of Peoples Power, once elected by the later, the

members of the Council of Ministers;

f) accept the resignation of the members of the Council of Ministers or propose either

to the National Assembly of Peoples Power or the Council of State the replacementof any of those members and, in both cases, to proposes the corresponding substitutes;

g) receive the credentials of the heads of the heads of foreign diplomatic missions.This responsibility may be delegated to any of the vice presidents of the Council ofState;

h) assume the supreme command of all armed institutions and determine their generalorganization;

i) preside over the National Defense Council;

j) declare a state emergency in those cases provided for in this Constitution, stating hisdecision, as soon as the circumstances permit it, to the National Assembly of Peoples

Power or to the Council of State if the Assembly is unable to meet, according to legaleffects;

k) sign decree-laws and other resolutions of the Council of State and the legalprovisions adopted by the Council of Ministers or its Executive Committee, and

arrange for their publication in the Official Gazette of the Republic;


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l) assume all other duties assigned it by the Constitution or by law.

ARTICLE 94. In cases of the absence, illness or death of the president of the Councilof State, the first vice president assumes the presidents duties.

ARTICLE 95. The Council of Ministers is the highest ranking executive andadministrative body and constitutes the government of the Republic.

The number, denomination and functions of the ministries and central agenciesmaking up the Council of Ministers are determined by law.

ARTICLE 96. The Council of Ministers is composed of the head of state andgovernment, as its president, the first vice president, the vice presidents, the ministers,

the secretary and the other members that the law determines.

ARTICLE 97. The president, first vice president, vice presidents and other membersof the Council of Ministers, as determined by the president, make up the Executive

Committee.

In periods between the meetings of the Council of Ministers, the Executive Committee

can decide on matters under the jurisdiction of the Council of Ministers.

ARTICLE 98. The Council of Ministers is invested with the power to:

a) organize and conduct the political, economic, cultural, scientific, social and defenseactivities outlined by the National Assembly of Peoples Power;

b) propose the draft general plans for the socioeconomic development of the state and,after these are approved by the National Assembly of Peoples Power, organize,conduct and supervise their implementation;

c) conduct the foreign policy of the Republic and relations with other governments;

d) approve international treaties and submit them to ratification by the Council ofState;


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e) direct and control foreign trade;

f) draw up the draft for the state budget and, once it is approved by the NationalAssembly of Peoples Power, to see to its implementation;

g) adopt measures aimed at strengthening the monetary and credit system;

h) draw up bills and submit them to the consideration of the National Assembly ofpeoples Power or the Council of State, accordingly;

i) see to national defense, the maintenance of order and security at home, the

protection of citizens rights and the protection of lives and property in the event ofnatural disasters;

j) conduct the administration of the state and unify, coordinate and supervise theactivities of the agencies of the central administration and local administrations;

k) implement the laws and resolutions of the National Assembly of Peoples Power

and the decree-laws and provisions issued by the Council of State and, if necessary,dictate the corresponding regulations;

l) issue decrees and provisions on the basis of and pursuant to the existing laws andsupervise their implementation;

m) revoke the decisions taken by those administrations subordinated to the Provincialor Municipal Assemblies of Peoples Power, adopted according to the powersdelegated by the central state administration agencies, when these are contrary to theinstructions issued from a higher level and whose fulfillment is compulsory;

n) propose to the Provincial and Municipal Assemblies of Peoples Power the

revocation of those provisions adopted during their specific activities by the provincialand municipal administrations subordinated to them, when these are contrary to theinstructions approved by the central state administration agencies, in the exercise of

their functions;


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o) revoke those provisions issued by heads of central state administration agencieswhen these are contrary to the instructions issued from a higher level and whose

fulfillment is compulsory;

p) propose to the National Assembly of Peoples Power or to the Council of State the

suspension of those resolutions and provisions issued by the local assemblies of

Peoples Power which infringe existing laws and other provisions or are detrimental tothe interests of other communities or the general interests of the nation;

q) name the commissions it deems necessary to facilitate the fulfillment of the tasksassigned to it;

r) appoint and remove officials in keeping with the powers it is invested with by the

law;

s) assume any duty assigned to it by the National Assembly of Peoples Power or theCouncil of State.

The law regulates the organization and functioning of the Council of Ministers.

ARTICLE 99. The Council of Ministers is accountable to and periodically rendersaccount of its activities to the National Assembly of Peoples Power.

ARTICLE 100. The members of the Council of Ministers are invested with the powerto:

a) conduct the affairs and tasks of the ministry or agency under their care, issuing thenecessary resolutions and provisions to that effect;

b) dictate, in the event it is not the specific duty of another state body, the necessary

regulations to make possible the implementation of those laws and decree-laws whichconcern them;

c) attend the sessions of the Council of Ministers, with the right to speak and vote, and


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submit to the consideration of the Council whatever bill, decree-law, decree,resolution or any other proposal they consider advisable;

d) appoint, according to the law, the corresponding officials;

e) they are also invested with any other power with which the Constitution and laws

invest them.

ARTICLE 101. The National Defense Council is constituted and prepared duringpeacetime to lead the country in conditions of a state of war, during a war, a generalmobilization or a state of emergency. The law regulates its organization and activities.

CHAPTER XI

POLITICAL-ADMINISTRATIVE DIVISION

ARTICLE 102. For political-administrative purposes the country is divided intoprovinces and municipalities; their number, boundaries and names are determined bylaw.

The law many also establish other divisions.

The province is the local society having, to all legal effects, a juridical personality. It ispolitically organized according to law to serve as an intermediate link between thecentral and municipal governments, covering a surface area equivalent to themunicipalities within its demarcation. It exercises the functions and fulfills the state

and administrative duties which are under its jurisdiction and has the fundamental dutyof promoting the economic and social development of its territory, for which itcoordinates and controls the fulfillment of the policies, programs and plans approved

by the higher state bodies, with the support of its municipalities and taking theirinterests into account.

The municipality is the local society having, to all legal effects, a juridical personality.It is politically organized according to law, covering a surface are that is determinedby the necessary economic and social relations of its population, and with the capacity

to meet the minimum local needs.


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The provinces and municipalities, in addition to exercising their correspondingfunctions, contribute to the realization of the states objectives.

CHAPTER XII

LOCAL BODIES OF PEOPLES POWER

ARTICLE 103. The Assemblies of Peoples Power set up in the political-administrative divisions into which the country is divided are the higher local bodiesof state power. Therefore, they are invested with the highest authority for the exercise

of their state functions within their respective boundaries. To this effect they govern inall that is under their jurisdiction and the law.

They also aid in the development of activities and the fulfillment of plans of thoseunits in their territory which are not subordinated to them, as prescribed by law.

The local administrations established by these Assemblies direct the economic,production and service entities locally subordinated to them, with the purpose ofmeeting the needs for economic, health care, assistance, educational, cultural, sportsand recreational services of the collective in the territory under the jurisdiction of each.

For the exercise of their functions the local Assemblies of Peoples Power find

support in the Peoples Councils and the initiative and broad participation of thepopulation and they act in close coordination with the social and mass organizations.

ARTICLE 104. The Peoples Councils are constituted in cities, towns, neighborhoods

and rural areas; they are invested with the highest authority for carrying out theirfunctions; they represents the territory where they carry out their functions and alsorepresent the municipal, provincial and national bodies of Peoples Power.

They work actively for efficiency in the development of production and serviceactivities and for meeting the needs for health care, economic, educational, culturaland social activities of the population, promoting the broadest participation of the

population and the local initiatives to resolve their problems.

They coordinate the work of the existing entities in their field of action, promotecooperation among them and control and supervise their activities.


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The Peoples Councils are made up of the delegates elected in the districts, who must

choose among themselves their president. The representatives of mass organizationsand the most important institutions in the territory may form part of the Councils.

The law regulates the organizations and functions of the Peoples Councils.

ARTICLE 105. In the limits of their jurisdiction, the Provincial Assemblies ofPeoples Power are invested with the power to:

a) obey and help to enforce the laws and other general regulations adopted by thehigher state bodies;

b) approve and control the execution of the provinces income and spending budgetand plan, according to the policies agreed upon by the competent national agencies;

c) elect or recall the president and vice president of the Provincial Assembly;

d) designate or substitute the secretary of the Assembly;

e) participate in the drawing up and supervision of the state budget and technical-

economic plan, corresponding to the entities located in its territory and subordinated toother bodies, as prescribed by law;

f) control and supervise the activities of the provincial administration body with thehelp of its work commissions;

g) designate or substitute the members of the provincial administration body, at theproposal of its president;

h) determine, according to the principles established by the Council of Ministers, theorganization, functioning and tasks of the entities in charge of carrying out theeconomic, production and services, educational, health care, cultural, sports,


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protection of the environment and recreational activities, which are subordinated to theprovincial administration body;

i) adopt agreements concerning administration matters in its territory and which,according to law, do not correspond to the general jurisdiction of the central state

administration or to that of the municipal bodies of state power;

j) approve the creation and organization of the Peoples Councils at the proposal of

the Municipal Assemblies of Peoples Power;

k) revoke, in the framework of its jurisdiction, the decisions adopted by the provincialadministration body or propose their revocation to the Council of Ministers whenthese decisions have been adopted while acting according to the faculties entrusted to

them by the central state administration agencies;

l) study and evaluate the rendering of accounts reports presented by theiradministration body and the Assemblies of Peoples Power which are their

subordinates, and adopt the pertinent decisions regarding those reports;

m) set up or dissolve work commissions;

n) attend to all that relevant to the application of the policy on cadres drawn up by thehigher state bodies;

o) strengthen legality, public order and the countrys defense capacity;

p) assume any other duty assigned by the Constitution and by law.

ARTICLE 106. In the limits of their jurisdiction, the Municipal Assemblies ofPeoples power are invested with the power to:

a) obey and help to enforce the laws and other general regulations adopted by thehigher state bodies;


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b) elect or recall the president and vice president of the Assembly;

c) designate or substitute the secretary of the Assembly;

d) supervise and control the entities subordinated to the municipal body, with thesupport of the work commissions;

e) revoke or modify the resolutions and measures of the bodies or authoritiessubordinated to them which are contrary to the Constitution or the laws, decrees-laws,decrees, resolutions enacted by the higher state bodies or those which affect the

interest of the community, of other territories or the general interests of the country, orpropose their revocation to the Council of Ministers when they have been adoptedwhile acting according to the faculties entrusted to them by the central state

administration agencies;

f) adopt agreements and enact measures in the framework of the Constitution and thelaws in force, on matters of municipal interest, and control their application;

g) designate or substitute the members of its administration body on the proposal of itspresident;

h) determine, according to the principles established by the Council of Ministers, the

organization, functioning and tasks of the entities in charge of carrying out economic,production and services, and health care activities, and others such as assistance,educational, cultural, sports, protection of the environment and recreational activitieswhich are subordinated to its administration body;

i) propose the creation and organization of the Peoples Councils, as established bylaw;

j) constitute or dissolve work commissions;

k) approve the municipalitys socioeconomic plan and budget, following the policy

drawn up for this by the competent agencies of the central state administration, andcontrol their execution;


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l) help in the development of activities and the fulfillment of production and service

plans of the entities located in their territory which are not subordinated to them, forwhich they can draw support from their work commissions and administration body;

m) study and evaluate the rendering of accounts reports presented by theiradministration body and adopt the pertinent decisions thereof;

n) attend to all that having to do with the application of the policy on cadres drawn upby the higher state bodies:

o) strengthen legality, public order and the countrys defense capacity;

p) carry out any other functions assigned by the Constitution and by law.

ARTICLE 107. The regular and special sessions of the local Assemblies of PeoplesPower are public, except in cases when it is agreed to hold them behind closed doors

for reasons of state or when matters referring to the decorum of persons are involved.

ARTICLE 108. In order for agreements of the local Assemblies of Peoples Power tobe valid, more than half of the total number of members must be present. Agreementsare adopted by simple majority.

ARTICLE 109. The entities organized to meet local needs with the aim of fulfillingtheir specific objectives, are ruled by laws, decree-laws and decrees; by agreementsadopted by the Council of Ministers; by regulations issued by the heads of central

state administration agencies on matters under their jurisdiction which are of general

interest and that require being regulated on a national level; and by agreementsadopted by the local bodies to which they are subordinated.

ARTICLE 110. The permanent work commissions are constituted by the Provincialand Municipal Assemblies of People's Power to meet the specific interests of their

localities, in order to help them carry out their activities and especially to control andsupervise the locally subordinated entities and others corresponding to further levels ofsubordination which are located in their territory.

Temporary commissions fulfill specific tasks assigned within the time limits indicated.


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ARTICLE 111. The Provincial Assemblies of Peoples Power are renovated everyfive years, which is the delegates tern of office.

The Municipal Assemblies of Peoples Power are renovated every two and a half

years, which is the delegates tern of office.

These terns may only be extended by decision of the National Assembly of PeoplesPower, in the cases mentioned inARTICLE 72.

ARTICLE 112. The tern of the delegated to local Assemblies may be revoked at anytime. The law prescribes the manner, the cases and the methods in which they may be

revoked.

ARTICLE 113. The delegates fulfill the mandate of their electors, in the interest of allthe community, for which they must coordinate their functions as such with their usual

responsibilities and tasks. The law regulates the manner in which these functions arecarried out.

ARTICLE 114. The delegates to the Municipal Assemblies of Peoples Power havethe rights and duties conferred by the Constitution and by law and they are especiallyobliged to:

a) make the opinions, needs and problems expressed by their electors known to theAssembly and to the local administration;

b) report to their electors on the policies of the Assembly and the measures adopted to

resolve the problems posed by the population or outline the reason why they have notbeen resolved;

c) render account of their activities on a regular basis to their electors, and report to theAssembly or to the commission they belong to on the fulfillment of the tasks assignedto them when they are asked to do so.

ARTICLE 115. The delegates to the Provincial Assemblies of Peoples Power havethe duty to carry out their activities for the benefit of the collective and report on themeasures taken by them on a personal basis, according to the procedure established by


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law.

ARTICLE 116. The Provincial and Municipal Assemblies of Peoples Power electtheir president and vice president from among their delegates.

ARTICLE 117. The president of the Provincial and Municipal Assemblies ofPeoples Power are also the presidents of their respective administration bodies and

represent the state in their territories. Their functions are established by law.

ARTICLE 118. The administration bodies which constitute the Provincial and

Municipal Assemblies of Peoples Power work on a collegiate basis and theircomposition, integration, functions and duties are established by law.

ARTICLE 119. The Provincial and Municipal Defense Councils and the DefenseZone Councils are constituted and organized during peacetime to conduct theirrespective territories affairs, in conditions of a state of war, during a war, a general

mobilization or a state of emergency, based on the general defense plan and thearmys military councils corresponding role and responsibilities. The NationalDefense Council determines, according to law, the organization and functions of theseCouncils.

CHAPTER XIII

THE COURTS AND THE OFFICE

OF THE ATTORNEY GENERAL

ARTICLE 120. The function of administering justice springs from the people and is

carried out on its behalf by the Peoples Supreme Court and the other courts which thelaw establishes.

The law establishes the main objectives of judicial activity and regulates theorganization of the courts; the extension of their jurisdiction and competence; theirauthority and the form of exercising it; the standards that judges must meet, themanner in which they must be elected and the causes and methods for recalling them

or for the cessation of their functions.


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ARTICLE 121. The courts constitute a system of state bodies which are set up with

functional independence from all other systems and they are only subordinated to theNational Assembly of Peoples Power and the Council of State.

The Peoples Supreme Court is the foremost judicial authority and its decisions in thisfield are final.

Through its Governing Council it can propose and issue regulations; make decisionsand enact norms whose fulfillment is compulsory for all courts and, based on theirexperience, it issues instructions which are also compulsory in order to establishuniform judicial practice in the interpretation and application of the law.

ARTICLE 122. The judges, in their function of administering justice, are independent

and only owe obedience to the law.

ARTICLE 123. The sentences and other decisions of the courts, pronounced or

enacted within the limits of their jurisdiction, must be obeyed and implemented bystate agencies, economic and social institutions and citizens, by those directly affectedand by those who do not have a direct interest in their implementation but have theonly the duty to participate in it.

ARTICLE 124. For administering justice all courts function in a collegiate form and

professional and lay judges participate in them with equal rights and duties.

The judicial functions assigned to lay judges, in view of their social importance, have

priority over their usual occupation.

ARTICLE 125. The courts render an account of the results of their work in the

manner and with the periodicity established by law.

ARTICLE 126. Judges can only be recalled by the body which elected them.

ARTICLE 127. The Office of the Attorney General of the Republic is the state body

which has, as its fundamental objective, jurisdiction over the control and preservationof legality by ensuring that the Constitution, the law and other legal regulations arestrictly obeyed by state agencies, economic and social entities and citizens; and


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representing the state in the promotion and exercise of public legal action.

The law determines the other objectives and functions as well as the form, durationand occasion in which the Office of the Attorney General exercises its power.

ARTICLE 128. The Office of the Attorney General of the Republic constitutes anorganic unit which is only subordinated to the National Assembly of Peoples Power

and the Council of State.

The Attorney General of the Republic is given instructions directly from the Council

of State.

The Attorney General of the Republic will handle the direction and control of all thework done by his office all over the country.

The bodies of the Office of the Attorney General are organized in a vertical mannerall over the country. They are subordinate only to the Office of the Attorney Generalof the Republic and are independent of all local bodies.

ARTICLE 129. The Attorney General of the Republic and the assistant attorneygenerals are elected and subject to recall by the National Assembly of Peoples

Power.

ARTICLE 130. The Attorney General of the Republic renders an account of his work

to the National Assembly of Peoples Power in the form and with the periodicityestablished by law.

CHAPTER XIV

ELECTORAL SYSTEM

ARTICLE 131. All citizens, with the legal capacity to do so, have the right to takepart in the leadership of the state, directly or through their elected representatives tothe bodies of Peoples Power, and to participate, for this purpose and as prescribed by


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law, in the periodic elections and peoples referendums through free, equal and secret

vote. Every voter has only vote.

ARTICLE 132. All Cubans over 16 years of age, men and women alike, have the

right to vote except those who:

a) are mentally disabled and have been declared so by court;

b) have committed a crime and because of this have lost the right to vote.

ARTICLE 133. All Cuban citizens, men and women alike, who have full political

rights can be elected.

If the election is for deputies to the National Assembly of Peoples Power they mustbe more than 18 years old.

ARTICLE 134. Members of the Revolutionary Armed Forces and other militaryinstitutions of the nation have the right to elect and be elected, just like any other

citizen.

ARTICLE 135. The law determines the number of delegates that make up each of theProvincial and Municipal Assemblies, in proportion to the number of people who livein each of the regions into which, for electoral purposes, the country is divided.

The delegates to the Provincial and Municipal Assemblies are elected by the votersthrough free, direct and secret vote. Moreover, the law regulates the procedure fortheir election.

ARTICLE 136. In order for deputies or delegates to be considered elected they mustget more than half the number of valid votes cast in the electoral districts.

If this does not happen, or in cases of vacant posts, the law regulates the procedure tobe followed.


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CHAPTER XV

CONSTITUTIONAL REFORMS

ARTICLE 137. This Constitution can only be totally or partially modified by the

National Assembly of Peoples Power by means of resolutions adopted by roll-callvote by a majority of no less than two-thirds of the total number of members.

If the modification is total of has to do with the integration and authority of theNational Assembly of Peoples Power or its Council of State or the rights and dutiescontained in the Constitution, the approval of the majority of citizens with the right to

vote is required via a referendum organized for this purpose by the Assembly.

This Constitution, which was proclaimed on February 24, 1976, contains the reformsapproved by the National Assembly of Peoples Power in the 11th Regular Session ofthe 3rd Legislature, held on July 10, 11 and 12 of 1992.

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